The common carrier shall have the following rights:

  • Right to get remuneration: When something is done as a profession, he must do so for his living. So that he has the right to get the reasonable remuneration for the service he has provided.
  • Right of lien: If any consigner does not pay the charges of his service, the common carrier may exercise the right to lien over the goods he had carried unless such charges are paid to him.
  • Right to recover damage: If the goods are of dangerous nature or they are not properly packed and the carrier suffers any loss, it may recover from the consigner.
  • Right to limit his liability: 68(1) of Contract Act limits the liability of carrier to the amount of Rs. 10,000. But this could be altering by declaring the valuable goods in the contract by express provision (Sec. 68(2) of NCA.
  • Right to recover expenses: The common carrier may recover the expenses he had incurred for the safe carriage of goods.
  • Right to refuse to carry goods: Generally common carrier can not refuse to carry goods discriminately. But he can refuse to carry goods if there is no space in the vehicle or the consignor refuses to pay the charges of the carrier etc.
  • Right to sell: A common carrier cannot usually sell the goods in transit. But under the following circumstances, he may enjoy a right to sell them either:

 

  • If the goods are of perishable nature.

 

  • If they are supposed to be perished by the time when they arrive at the place of delivery.

 

  • If it is not possible to inform the sender of such matter.

 

  • Right to take necessary action: The duty of the carrier is to carry goods and deliver them to the said person in the said destination. The consignee should take delivery of goods when they arrive at the concerned station. Now if the consignee does not accept delivery, the carrier will be entitled to take any of the following steps:

 

  • If the goods are perishable, he can, by informing the sender, sell them in the market.

 

  • If the goods are not perishable but are refused to be accepted by the consignee, he can, until he gets further instruction from the sender, keep the goods in a nearly go down for necessary protection.

 

  • He can recover from the sender the sums paid by him to the go down keeper or other necessary expenses incurred by him for the protection of goods.